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2022 Supreme(HP) 487

SANDEEP SHARMA
Karan Kamboj, S/o Shri Raj Kumar – Appellant
Versus
State Of Himachal Pradesh Through Its Secretary Tarun Bhardwaj, S/o Shri Amar Dev Bhardwaj – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajiv Rai, Advocate
For the Respondent:Mr. Dinesh Thakur, Amit Kumar Dhumal, Advocate

ORDER :

By way of instant petition filed under Section 482 Cr.PC, prayer has been made by the petitioner for quashing of FIR No. 17/2020, dated 28.3.2020 and orders dated 31.8.2020 and 17.1.2022, passed by the learned JMFC-3, Shimla, District Shimla, HP, whereby charges under Sections 188, 269, 270 and 34 IPC, came to be framed against the petitioner. Despite sufficient opportunity, no reply has been filed by the respondents.

2. Precisely, the facts of the case as emerge from the record are that on 28.3.2020, petitioner herein was found strolling on the road during curfew imposed by the District Administration on account of COVID-19. Allegedly, petitioner alongwith his friend not only violated the restriction qua the movement imposed on account of curfew, but he was also not wearing mask and as such, case under Section 188 of IPC came to be registered against him. Petitioner has denied the aforesaid allegation by stating that he was not strolling on the main road, rather was walking outside his house alongwith pet. After completion of investigation, police presented challan in the competent court of law, but before same could be decided on its own merits, petitioner has approached th

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